Old FSW Applications must be processed

Canada Immigration Forum (discussion group)

Subject: Old FSW Applications must be processed


(in reply to: Old FSW Applications must be processed)
Roy, does the ruling apply to all pre-Feb 27, 2008 applications or only for the litigants?


happy but still weary....
(in reply to: Old FSW Applications must be processed)
On the eve passage of Bill C-38, the Federal Court issued a decision, declaring unlawful CIC´s policy of warehousing indefinitely older federal skilled worker applications in favour of the current batch. The litigation, commenced 28 October 2011, pre-dates the Minister´s March 30th announced that he would close all FSW files lodged before 27 February 2008 and not assessed as of 29 March 2012 and, thus, does not address s. 87.4 (hidden in Bill C-38). The decision applies directly only to the 900 applicants who participated in the litigation.

The litigation included applicants who had applied either before 27 February 2008 or between that date and 25 June 2010. While the former group -- about 750 -- are subject to s. 87.4, CIC agreed in writing in January that it would be "guided by" the decision in the lead cases. If the Minister honours this promise, the Minister´s closing of roughly 80,000 applications (affecting about 280,000) will have their files assessed and finalized within a specified time-frame.

In the lead case, the Court ordered CIC to finalize the file by October 14th. However, because his file had been assessed in 2010, only medicals and up-dated police clearances are required. For the other litigants, the time-frame (which must still be negotiated) will likely be longer.

For those not involved in the litigation, new litigation is currently being prepared to challenge the closing of the files and will be formally launched after Parliament passes Bill C-38.
Ottawa loses legal battle over immigration backlog thestar.com
The federal court ruled that Ottawa is obliged to process all immigration applications it accepted into the system.

According to Tim Leahey LLB


(in reply to: Old FSW Applications must be processed)
Thanks Roy.

I guess there´s nothing to be happy about just yet...

Here´s wishing for a happy ending for all pre-Feb 27, 2008 applications.

still weary....
What's with my application (in reply to: Old FSW Applications must be processed)
My application for immigration to Canada under the FSC was accepted for processing in Sep, 2004. In Oct, 2008 I was asked by CIC, New Delhi to update my application with the latest documents (Which I did) as they were in the process of assessing and taking a final call on my application. It´s 2012 now and I haven´t heard from them ever since. May I ask you as to how does the latest development as regards C-38 bill affect applications like mine which are categorised as IRPA cases. Thanks & regards Rajesh Malhotra, New- Delhi, India.

Rajesh Malhotra
STATUS OF OLD FSW (in reply to: Old FSW Applications must be processed)
Dear Sir,

I have applied under Federal Skilled worker and received the file number on 29.07.2006.But now i have not received any info from Canadian High Commission except the File number.

Now suddenly i came to know that govt is not interested in FSW applications.

Is it acceptable attitude from the Immigration Department?

After Waiting 6 years when you came to know that without any processing you have been out of the race,how does it affect the applicant?

Unacceptable decision from the Immigration Department......

Rajni Vohra

rejection or approval? (in reply to: Old FSW Applications must be processed)
This is because we dont have a proper economic policy we search for a suitable outlet to upgrade our professional skills in whatever field we are. We are made fools as they know our plight. And I feel they are exploiting the situation and making us vulnerable, that too, after such a long time.
Please dont allow the Bill C-38 reg FSW to be passed (in reply to: Old FSW Applications must be processed)
Dear Sir, I have applied under the FSW during August 2007 through my consultant in Chennai. I have not heard anything from the Immigration Canada for the past 5 years. All of a sudden this news few months ago regarding rejection of applications filed before Feb 2008 is really shattering and I am devastated as all our future plans (me and my family)have gone for a toss. I sincerely wish this proposal is struck down soon by the Hon´ble Courts in Canada. Please update me. Regards, Sudhir Anand
Sudhir Anand
(in reply to: Old FSW Applications must be processed)
If I am recalling correctly, FSW were sent a letter from CIC back in 2008 (when the rules changed) if applicants wished to obtain a refund and re-apply under the new rules or remain in the pre-2008 pool of applications that had fewer restrictions on accepted skills. Many applicants chose to stay in the pre-2008 application pool without fully appreciating the fact that it was going to take a very, very long time for that backlog to be cleaned up.

Canada has a problem - we don´t have jobs for many of the skills that qualify those pre-2008 applicants. For years, Canada has been criticized for accepting immigrants who can not find work in their field of education or cannot have credentials accepted. The protest was so loud that they changed the process. There is still problems with the process - so much so, that they have put a full stop to all applications until at least January when they can come up with a process that treats the applicant fairly and addresses Canadian needs.

Old FSW Applications must be processed (in reply to: Old FSW Applications must be processed)
I strongly believe Miniter of immigration (Kenndy) and his group are just inhuman with their short sighted decision. Who told Kenndy that people who applied several years ago have not updated their skills.

They are talking of refunding peoples´ application fees. Can that cater for the financial commitment and stress people have gone through over the years. If Canadian Government did not want the wrath of God, they should honour their pledge and process innocent applicants files as soon as possible.

Kind regards.

temporary moratorium (in reply to: Old FSW Applications must be processed)
i logged on to cic´s website and i was startled as to what i saw, it reads temporary moratorium on fsw pre 2008 application.can someone please in a concise manner explain the effect of this moratorium and how positively it will effect a turn-around for pre 2008 fsw application?

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